(A) Applicability,
(1) The provisions of this section apply to mobile food vehicles used to store, prepare, display or serve food or beverage with or without charge whether operated on public or private property. This section applies to such food service vehicles that are generally self-contained, movable, wheeled, towed, motorized or non-motorized.
(2) The requirements of this section shall not apply to the following persons:
(a) Any person selling fruits, vegetables or farm products grown by himself/ herself or other homemade products with or without the help of others at an established farm market within the city at a stationary location on public or private property. A FARM MARKET means a collection of three or more persons selling a variety of agricultural products and other homemade products.
(b) Any business or merchant making delivery of food previously ordered by the customer.
(c) Any person selling food as part of a city-approved special event or festival such as the Oktoberfest.
(B) License required.
(1) Any vendor wishing to operate a mobile food vehicle must first apply for a mobile food license on a form prescribed by the Board of Public Works and Safety. The application fee shall be $150 which shall be paid at the time the application is submitted.
(2) Vendors shall provide proof of general liability insurance in the amount of not less than $1,000,000 per occurrence and $2,000,000 aggregate at the time the application is filed.
(3) Separate applications shall be required for each mobile food vehicle.
(4) The application shall be forwarded by the Clerk-Treasurer to the Board of Works and Safety and shall be acted on by the Board of Works and Safety within 30 days of the date of the application.
(5) If the application is in order, the Board of Works and Safety shall issue a mobile food vehicle license to the applicant. A license shall be valid for a period of one year from the date of issuance.
(6) Any failure to comply with the regulations in this section may result in the revocation, suspension of the license, or the city not renewing the mobile food vehicle license.
(C) General regulations.
(1) It shall be unlawful for any person, including any religious, charitable or nonprofit organization to operate a mobile food vehicle within the city without a license unless otherwise exempted by these regulations.
(2) A mobile food vehicle must hold all requisite health department, business, and resale licensures to sell food and beverages.
(3) A separate license is required for each mobile food vehicle,
(4) A license issued under this section shall expire after one year.
(5) Mobile food vehicles shall not be required to obtain a temporary use permit from the Planning Department.
(6) A vendor shall not operate on private property without first obtaining written consent to operate from the affected private property owner.
(7) No mobile food vehicle unit shall locate in any parking lot, parking space, or parking facility owned, leased or managed by the city unless approval has been given by the city's Board of Public Works.
(8) Unless granted permission from the establishment owner, no mobile food vehicle unit shall operate within 50 feet of any facade of a ground level establishment that also sells food or beverages, or operate within 50 feet of the perimeter of such an establishment's outdoor seating area, regardless of whether or not the mobile food vehicle unit is currently conducting business. The distance restriction only applies from one hour before the opening time until one hour after the closing time posted by a ground level establishment on the facade of its building.
(9) No mobile food vehicle unit shall locate within one block from the perimeter of a special event or festival unless prior approval has been granted by either the organizer/operator of the special event or the city's Board of Public Works.
(10) The operator of the mobile food vehicle must comply with the motor vehicle laws of the State of Indiana.
(11) In locations where mobile food vehicles are permitted to operate, mobile food vehicles shall comply with all parking rules.
(12) Mobile food vehicles shall not interfere with or obstruct the free passage of pedestrians or vehicles along any street, sidewalk, road, or parking lot drive aisle or operate in such a way that would endanger the safety or property of the public. On public streets, a mobile food vehicle shall not park within 20 feet of any intersection, bus stop, crosswalk, driveway, alleyway, building entrance or walk-up window or within 15 feet of any fire hydrant. No mobile food vehicle unit may be located in or operate in an alleyway.
(13) Mobile food vehicles may operate at events on public property if they have a vendor agreement with the event coordinator.
(14) No mobile food vehicle shall be equipped with any external electronic sound. Ice cream trucks are expressly exempt from this section. ICE CREAM TRUCK is a motor vehicle from which
vendors exclusively offer ice cream, popsicles, ice sherbets, frozen desserts or other similar items forsale. Other food items unrelated to frozen novelties shall not be made available for sale from an ice cream truck.
(15) Except as provided herein, all signs must be permanently affixed to or painted on the mobile food vehicle and shall not extend more than six inches from the vehicle. No sign shall flash, cause interference with radio, telephone, television or other communication transmissions; produce or reflect motion pictures; emit visible smoke, vapor, particles, or odor; be animated or produce any rotation, motion, or movement. Each mobile food vehicle shall be permitted to display one sandwich board sign that does not exceed four feet in height, two feet in width or eight square feet in total area. Each sandwich board sign shall be located within ten feet of the location of the food truck. The sign may be located within die public right-of-way, provided there is a minimum clearance distance of five feet between the sign and the food truck. Said sign shall be removed each day by the license holder or his/her/its designated representative.
(16) All exterior lights with over 60 watts shall contain opaque, hood shields to direct the illumination downward.
(17) All mobile food vehicle vendors shall offer a waste container for public use which the vendor shall empty at its own expense. All trash and garbage originating from the operation of mobile food vehicles shall be collected and disposed of off-site by the operators each day. Spills of food or food by-products shall be cleaned up, and no dumping of gray water, grease or oil into the storm water inlets, sanitary sewers or on the street is allowed.
(18) Any power required for the mobile food vehicle located on a public way shall be self-contained and a mobile food vehicle shall not use utilities drawn from the public right-of-way. Mobile food vehicles on private property may use electrical power from the property being occupied or an adjacent property, but only when the property owner provides written consent to do so. No power cable or equipment shall be extended at or across any city street, alley.
(19) No mobile food vehicle shall be parked on a public street or public parking lot overnight.
(20) Mobile food vehicles may be open to the public 24 hours a day.
(21) Mobile food vehicles may only operate in areas within the city’s jurisdiction which are zoned commercial or industrial. Mobile food vehicles shall not operate in areas zoned residential. Ice cream trucks are expressly exempt from this section and shall be permitted to operate in areas zoned residential. ICE CREAM TRUCK is a motor vehicle from which vendors exclusively offer ice cream, popsicles, ice sherbets, frozen desserts or other similar items for sale. Other food items unrelated to frozen novelties shall not be made available for sale from an ice cream truck.
(D) Enforcement; penalties.
(1) The Ordinance Administrator shall be vested with enforcement authority to issue citations for violations of this section in conformance with § 34.08 of this Code.
(2) Violations of this section shall be subject to penalty and enforcement provisions of § 10.99.
(Ord. 8, 2017, passed 6-12-2017; Am. Ord. 7, 2022, passed 3-28-2022; Am. Ord. 12, 2022, passed 6-13-2022)